Human Rights

Question 1

Freedom of Expression

Answer 1

Everyone has the right to freedom of expression, including the freedom to seek, receive and impart information and opinions of any kind in any form.

Question 2

A contest for the truth

Answer 2

The implicit assumption here is that there is not a moral contest between the truth. Truth is powerful, and once it comes onto collision with lies, then truth will be triumphant.

Question 3

Political Context

Answer 3

We should have our say. We should have proper information from both parties in a political fight, so we can make up our own minds.

Question 4

Individual Self - Fulfilment

Answer 4

If we are able to express ourselves freely, it helps to create a functioning democracy. Our views need to matter.

Question 5

Preventing Injustice

Answer 5

Example: prison guards have to pass along prisoners messages, because prisoners have a freedom of expression.

Question 6

Limits on the Freedom

Answer 6

Legal, Social and Government imposed limits.

Question 7

Consequence

Answer 7

The idea that you have a right to freedom of expression free of consequence is nonsense. Nothing comes for free.

Question 8

Rights.

Answer 8

Rights are political claims. They are a specific type - something that should be privileged in a certain way.

Question 9

Human rights represent liberty

Answer 9

The way the state put restrictions on us.

Question 10

Human rights represent equality

Answer 10

All human beings enjoy the same rights.

Question 11

Human rights represent fraternity

Answer 11

We all enjoy a protection of our common rights.

Question 12

New Zealand Bill of Rights Act 1990

Answer 12

Ordinary statute, which can be repealed or amended by Parliamentary action. It recognises Parliamentary sovereignty.

Question 13

A ‘Bill of reasonable rights’

Answer 13

Provides that rights can be breached if there is a reasonable justification.

Question 14

NZBORA Section 7

Answer 14

Attornery General has to write to Parliament about a breach of rights, if the legislation passed by Parliament hasn’t considered NZBORA.

Question 15

Rights in Court

Answer 15

Courts do not sometimes uphold our rights.

Question 16

Declaration of Inconsistency

Answer 16

Parliamentary sovereignty is the most important, however Parliament is aware that they are breaching NZBORA and send a written statement.

Question 17

Overview

Answer 17

Section 4 - Legislative Guidance
Section 5 - Presumption of consistency
Section 6 - Reasonable limits

Question 18

Section 4

Answer 18

Legislation can override rights. Parliament is sovereign, but if it acts inconsistent, it can be applied repeal.
Parliament is held accountable to us of any breaches of rights it makes.

Question 19

Section 5

Answer 19

Some rights in NZBORA are absolute, but not all of them.
1. There must be legal authority for the limit.
2. The limit must be reasonably justifiable in a free and democratic society.

Question 20

Section 6

Answer 20

Consistency in interpretation within protected rights if at all possible. We take the meaning that is most consistent with the protected right.

Question 21

Hansen Test

Answer 21

1. Identify the purpose of the legislation.
2. Assess compatibility with rights.
3. Interpret in a rights-compatible manner.

Question 22

Remedy? Public Law.

Answer 22

The way in which the State does something has always been structured around remedies. How can we fix something?

Question 23

Baigent’s Case

Answer 23

Police received a tip that cannabis was being sold from a certain address. They raided the wrong house and the homeowner believed that her right to privacy had been breached.

Question 24

Damages.

Answer 24

Damages is available if the Government breaches your rights.

Question 25

Breach

Answer 25

Whenever there is a breach of the Bill of Rights, the Courts will find a suitable remedy for you.

Question 26

Supreme Court

Answer 26

A breach requires a remedy which is implied in the Bill of Rights.

Question 27

Parliament

Answer 27

They do not have to change legislation after a declaration, because of Parliamentary Supremacy.